Reshamben Chandubhai Pagi vs Yakubmiya Jusabmiya Shaikh
2021 Latest Caselaw 16947 Guj

     C/CA/1412/2021                                    ORDER DATED: 27/10/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 1412 of 2021

                       In F/FIRST APPEAL NO. 3025 of 2021

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                         RESHAMBEN CHANDUBHAI PAGI
                                   Versus
                         YAKUBMIYA JUSABMIYA SHAIKH
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Appearance:
VIRAL K VASHI(8220) for the Applicant(s) No. 1,2
NISHIT A BHALODI(9597) for the Respondent(s) No. 2,3
RULE SERVED(64) for the Respondent(s) No. 4
RULE UNSERVED(68) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                                Date : 27/10/2021

                                 ORAL ORDER

Heard learned advocate for the applicants and learned advocate for respondent Nos. 2 and 3. There is no appearance on behalf of the respondent No.4 though served. Respondent No.1 who is owner - driver of the offending vehicle is unserved. However, considering the length of delay of 28 days, his presence is not necessary for the purpose of disposal of present appeal.

The present application under Section 5 of the Limitation Act is preferred to condone the delay which is occurred in preferring First Appeal to assail the impugned judgment and award.

Considering the averments made in this application,

C/CA/1412/2021 ORDER DATED: 27/10/2021

the delay is condoned. The application stands disposed of. Rule is made absolute.

(A.G.URAIZEE, J) SURESH SOLANKI